Gonzales plans to appeal
Tuesday, Aug 27, 2019 - Posted by Rich Miller
* Sun-Times…
Attorneys for Jason Gonzales say they plan to fight a federal judge’s ruling to dismiss a lawsuit that accused Illinois House Speaker Mike Madigan of putting “sham” candidates on the 2016 ballot. […]
But Gonzales’ attorney Tony Peraica on Monday said he plans to file a motion to reconsider the dismissal — while also vowing to file a motion with the U.S. Seventh Circuit Court of Appeals should that move fail.
“We are very disappointed by the court ruling. Illinois voters were defrauded by Madigan and his crew who got away with violating federal laws,” Peraica said in an email to the Sun-Times. “We will move to reconsider court ruling. If our motion is denied, we shall appeal.”
* I reached out to Peraica and asked which federal laws had allegedly been violated. His response…
The Civil Rights Act, Equal Protection Clause of the US Constitution, and the Voting Rights Act. Specifically, 42 U.S.C. 1983 and 42 U.S.C. 1985.
42 U.S.C. 1983 is the Civil action for deprivation of rights. 42 U.S.C. 1985 deals with Conspiracy to interfere with civil rights.
* Courthouse News…
“The price of political dirty tricks must be collected at the ballot box, rather than the courthouse,” the Seventh Circuit ruled last year in Jones v. Markiewicz-Qualkinbush.
U.S. District Judge Matthew Kennelly relied heavily on Jones in his Friday ruling clearing Madigan of liability for questionable tactics used in his 2016 re-election race. […]
“Under Jones, the Court may not appropriately second-guess the voters’ choice ‘without displacing the people’s right to govern their own affairs and making the judiciary just another political tool for one faction to wield against its rivals,’” Kennelly concluded.
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Question of the day
Tuesday, Aug 27, 2019 - Posted by Rich Miller
* Confederate Railroad’s Facebook page…
CONFEDERATE RAILROAD DECLINES COMPENSATION FROM DU QUOIN FAIR
The Band Rejects Payment Due to Its “Guiding Principles”
Nashville, Tennessee (August 27, 2019) — ACM Award-winning and CMA Award-nominated country band Confederate Railroad continues its trek across the United States in support of its “Lucky To Be Alive” Tour that will conclude this December.
Drawing national attention, this tour has not been the smoothest for the band. As Associated Press reported on August 6, 2019 — Confederate Railroad was dropped from the performing talent lineup at the Du Quoin, Illinois Fair 2 months after being secured for the show. Read here: https://loom.ly/T4LRhLU
Concerning the band’s decision to decline compensation from the Fair, the three decade-old band has released the following statement via its founding member and lead singer Danny Shirley:
“On June 24th, 2019, the Du Quoin State Fair agreed to pay us in full. We contemplated the proper use of this money. The band agreed we should give it to a charitable organization that directly benefits the people of Southern Illinois. Those “tax dollars” (https://loom.ly/qHl7vLY) belong to the people of southern Illinois, and to see some good come from it seemed like the best solution. On July 19, 2019, we received a multi-page conditional legal release in order to obtain that payment.
After months of being referred to as promoters of hate and racism, without one individual stepping forward to cite any such personal occurrence - ever- and 30 years of performing to the contrary: I simply cannot and will not accept this money that requires their conditional Settlement Agreement and Release. Hopefully, they will be guided to put that money back into the region, as we intended to do.
We’ve fulfilled the conditions twice previously with performances at this fair. The offer was submitted from the fair on April 17, 2019, and a contract was sent shortly thereafter. Then, on June 4th, the fair requested a proposed announce date of June 17th and proceeded to advertise.
I’m forever grateful and humbled by the people of southern Illinois and your words of encouragement are deeply felt. A decision was made for you—one intended to mute your voices and cause you to question your morals. Never apologize for thinking for yourself or let anyone shame you out of your own common sense.
Our track now leads to Black Diamond Harley in Marion—see you in 10 days.”
The state was supposed to pay the band $7,500.
* The Question: What should the state do with this $7,500 refund?
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SLAPP ‘em down
Tuesday, Aug 27, 2019 - Posted by Rich Miller
* From the subscribers-only Capitol Fax on May 21st…
Back in February, a LaSalle County judge dismissed a defamation lawsuit filed by former Rep. Jerry Long (R-Streator) against his 2018 general election opponent Lance Yednock (D-Ottawa). Rep. Yednock won the race, but Long claimed a Yednock ad defamed him for claiming he was being investigated for sexual harassment.
The problem with Long’s suit, Judge Eugene Daugherity pointed out back then, was that Long told reporters last fall that the House Republicans were looking into a sexual harassment claim. The House Republicans, you will recall, walked away from Long’s Tier One campaign after a staffer lodged a private complaint against him.
Rep. Yednock claimed throughout the lawsuit that Long was illegally using the legal process to retaliate against him for participating in the democratic process. Illinois has a Strategic Lawsuit Against Public Participation Statute (SLAPP) on the books, although courts have watered it down over the years.
After the case was dismissed, Yednock pursued Long for his attorney’s fees. Last week, Judge Daugherity cited the SLAPP statute in awarding Yednock nearly $17,000 in attorney’s fees to Yednock.
Hopefully, this ruling will chill some of these campaign-related lawsuits that are becoming all too common.
* More goofy lawsuits bit the dust last week…
On Wednesday, a Kane County judge threw out a lawsuit brought by two failed McHenry County Board candidates, Ersel Schuster and Orville Brettman, who had filed a defamation suit over campaign literature opposing them in 2018. The flyer was financed by a “dark money” group called the Illinois Integrity Fund, which has ties to County Board Chairman Jack Franks.
But the judge ruled that the facts on which the flyer’s claims were based – that an online threat against Franks had been traced to a computer at Schuster’s home, and that Brettman had been a party to violent acts in the 1970s with a group called the Legion of Justice – probably were true.
The allegations against Schuster and Brettman had been recorded in public records and reported in the Northwest Herald, among other news outlets. They were public knowledge.
On Friday, two additional County Board candidates who had filed lawsuits – Chuck Wheeler and Michael Rein – withdrew their suits against the same group and agreed to pay the Illinois Integrity Fund’s lawyer fees.
* The judge ruled the lawsuit was in violation of Illinois’ Anti-SLAPP laws…
In a joint lawsuit filed Feb. 19, Schuster and Brettman alleged the flyers wrongfully accused them of having histories of “criminality and hate.” The flyers referenced news articles reporting Brettman’s alleged ties to a paramilitary group called the “Legion of Justice,” and a police investigation tied to an online death threat that was traced back to Schuster’s home. […]
Last year, an apparent online threat against Franks’ life led police to Schuster’s home, where officials say the IP addresses associated with the comment originated. […]
According to the transcript from Brettman’s 1975 testimony before a Cook County grand jury, the former Carpentersville village president and police officer was involved in a right-wing extremist group that was responsible for several raids and the bombing of an Elgin church.
If you don’t want somebody sending out mailers about your sordid past, don’t run for office. And, for crying out loud, don’t sue when you’re busted. It’ll cost you.
* Meanwhile, this motion was filed in February…
Respondent in Discovery, BETH QUINN, (”Respondent”) request that this Court dismiss Plaintiff David Krupa’s Complaint under 2-619(a)(9) of the Code of Civil Procedure and the Illinois Citizens Participation Act (735 ILCS 110/15). In support, Respondent states as follows:
Plaintiff is an aldermanic candidate running against Respondent’s husband Alderman Marty Quinn. On February 1, 2019, Defendants the Chicago Teachers Union (“CTU”) and Jeanine Muir (“Muir”) published a letter describing harassing conduct committed by Plaintiff (the “Letter”). The Letter stated that Plaintiff “demonstrates complete disregard for women and a pattern of judgment that disqualifies him from holding public office. I respectfully request that you do not vote for Mr. Krupa in the upcoming municipal election.”
In this lawsuit, Plaintiff is suing CTU and Ms. Muir for alleged defamation over statements in the Letter. Even though the Letter contains no indication that Respondent had any involvement whatsoever in its publication, Plaintiff also named Respondent as a respondent in discovery, purely speculating that Respondent must have been somehow involved, yet failing to allege any specific facts to support such speculation. Plaintiff’s Complaint also does not claim that this Respondent, or any of the other named respondents in discovery, made any other allegedly defamatory statements.
Plaintiff’s lawsuit is nothing more than an abuse of the judicial process to: (1) attempt to stifle Respondent’s’ First Amendment rights in the weeks leading up to the Chicago municipal election; (2) retaliate against Defendants Chicago Teachers Union and Ms. Muir for opposing his candidacy: and (3) to baselessly name Respondent in a blatant attempt at harassment, since she is the wife of Alderman Quinn, his election opponent, in order to attract media attention to himself. This lawsuit is clearly nothing more than a Strategic Lawsuit Against Public Participation (“SLAPP”) that must be dismissed under the Citizen Participation Act (“the Act”).
The judge has not yet ruled on the SLAPP motion, but on August 12th he dismissed the complaint against Mrs. Quinn. The plaintiffs are, however, expected to refile.
…Adding… I was looking for something else and found Beth Quinn’s statement at the time the motion was filed…
I was shocked and disturbed by the allegations Tony Peraica leveled at me. I am not involved in politics but was inappropriately dragged in through a ploy to attack my husband. I don’t want to be involved in this fight, but I also will not stand by while my reputation is attacked. I am hopeful the judge sees this situation for what it is - Tony Peraica enabling David Krupa, a known aggressor and bully of women, and not a legitimate complaint against me.”
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* Press release…
Cook County State’s Attorney Kimberly M. Foxx and Code for America today announced a cutting-edge partnership to use Clear My Record technology to automatically seal tens of thousands of eligible cannabis convictions in Cook County under a newly passed Illinois law.
Signed into law in June, the Cannabis Regulation and Tax Act will provide relief to tens of thousands of Illinois residents. Cook County is the first county outside of California to take part in Code for America’s Clear My Record program to help government automatically clear convictions eligible for relief under the law. By providing proactive and automatic record clearance services, Illinois has an opportunity to address the wrongs caused by the failed war on drugs, felt most acutely in communities of color, and fulfill the promise of the reforms aimed at remedying the legacy of mass incarceration in Illinois.
“The technology and innovation made possible through our partnership with Code for America will help us provide broad and equitable conviction relief for tens of thousands of people while ensuring that more of our time and resources can be used to combat violent crime,” said Cook County State’s Attorney Kim Foxx. “This partnership is one of many steps Cook County is taking to leverage technology in order to better serve our community and bring our criminal justice system into the 21st century.”
“Code for America’s partnership with Cook County expands our Clear My Record program to a second state and further proves that justice can happen at the scale and speed we know is possible in the digital age,” said Jennifer Pahlka, Founder and Executive Director, Code for America. “Thanks to the leadership of State’s Attorney Foxx, we’ll provide conviction relief expeditiously, at reduced cost, and in bulk in Illinois, and help tens of thousands of individuals get a fresh start. And we’ll continue to show that government can work as it should for all people, when we bring government into the 21st century.”
The Cannabis Regulation and Tax Act
Illinois recently legalized the sale and use of recreational marijuana and created an opt-in process for the Illinois Attorney General and State’s Attorneys to clear convictions in their jurisdictions. Now, State’s Attorneys can receive a list of eligible convictions from the Illinois State Police to review and grant relief by submitting those eligible convictions to the courts for final approval.
Record Clearance for the Digital Age
With the aid of Code for America’s Clear My Record technology, an office can automatically and securely evaluate eligibility for record clearance by reading and interpreting conviction data in just a few minutes. This requires no action on the part of the individual and greatly reduces staff time and resources — two obstacles to record clearance. Streamlining conviction data processing also will make it easier for courts to update records, ensuring that individuals can obtain relief as soon as possible.
By rethinking the clearance process from top to bottom and using digital tools to examine criminal record data, this partnership will create a statewide technology and policy blueprint in Illinois.
This partnership demonstrates a growing momentum for automatic record clearance across the nation. It builds on recent announcements that Code for America’s Clear My Record technology is helping counties in California dismiss and seal more than approximately 75,000 cannabis convictions. Once this pilot is completed, Cook County will share its findings with the state and other Illinois counties.
Code for America has been making it easier for people to remove eligible convictions from their records through their Clear My Record technology since 2016. Code for America has set a goal of clearing 250,000 eligible convictions nationwide by the end of 2019.
* Sun-Times…
So far, the software has been used to identify at least 67,000 convictions in four California counties, including San Francisco and Los Angeles, according to Code for America. After a final county is brought into the pilot program, Code for America will release an open source toolkit that will help California’s 53 other counties expunge their own convictions.
“We hope it’s part of a larger agenda that gets people to challenge the conventional thinking about how our government can work,” Pahlka said.
Foxx said Code for America was offering its services at no cost to the county, but taxpayers will have to foot the bill for mailing the notifications and other administrative costs.
* CBS 2…
Foxx said in a news conference Tuesday that the process would begin with newer convictions and move back to older convictions.
The process will not require any intervention by the person affected, Foxx confirmed.
Foxx was a crucial part of the effort to pass legalization. She was able to assure black and Latinx legislators that the expungement provisions were real.
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New laws
Tuesday, Aug 27, 2019 - Posted by Rich Miller
* Press release…
Governor JB Pritzker signed legislation today that works to increase diverse voices on corporate boards across the state.
“As a result of this legislation, in the coming years, both the legislature and the public can review the gender, racial and ethnic makeup of the governance of large businesses that call Illinois home,” said Governor JB Pritzker. “Better diversity among leadership leads to reduced turnover, increased growth and improved market share. That’s good business, and it advances my vision of an Illinois where both businesses and working families thrive.”
The new law directs publicly-traded companies headquartered in Illinois to submit an annual report to the Secretary of State’s Office on the representation of female and minority board members in the company and their practices for identifying and appointing diverse leadership to their board.
The University of Illinois systems will then study the demographic makeup of boards across the state and establish a rating system for those businesses in an effort to increase diversity in corporate leadership.
Beginning in 2021, reports from corporations will report to the Secretary of State’s Office by January 1 each year, and the U of I will publish its analysis by March 1 of each year.
House Bill 3394 takes effect immediately.
“I introduced this bill and feel so passionately about this issue because there’s not a day that goes by that I don’t think about creating a brighter future for my children,” said Rep. Chris Welch (D-Hillside). “I am committed to fostering a business environment that offers the same opportunities for my son, daughter, and all women and people of color that are afforded to their peers.”
“With this new law, we will be able to pinpoint the corporations who aren’t diversifying,” said Sen. Christopher Belt (D-Centreville). “Illinois is a very diverse state, and boards should reflect the diversity of its employees, consumers and community.”
* Public Radio…
Illinois Governor J.B. Pritzker signed a law Monday that expands insurance coverage of mammograms.
Previously, insurance companies only had to cover the initial “screening” mammograms that check for cancerous tissue. Under the new law, insurance must now cover any follow-up mammograms that scrutinize the body in more detail. Pritzker says this extra coverage is essential.
* Chalkbeat…
Illinois abolished its charter commission on Friday, the body reviled by school districts but valued by charter promoters for offering a recourse to local disapproval of school proposals.
As widely expected, Gov. J.B. Pritzker signed Senate Bill 1226 into law, close to the deadline for him taking action. The bill will dismantle the commission by July 1 and will hand off oversight of 11 schools, which the commission previously approved, to the state Board of Education next summer.
The state board will take over the responsibility of hearing appeals on charter school openings, closings and extensions. The state also will dole out funds it had collected to oversee the schools that the commission had approved. Once the state board takes over the commission’s role, the board will be able to levy a 3% fee on any state-approved charter school to help cover the cost of oversight. […]
Until Pritzker signed the bill, [Shenita Johnson, director of the commission] had held out hope that the governor would veto it. She said she was used to uncertainty, because the commission has long been a lightning rod for criticism from charter critics and districts that don’t want their decisions overruled — both of whom have sought to eliminate the body.
* Other new laws…
* New Illinois laws take aim at high maternal death rates, racial disparities: Illinois is taking steps to combat troubling maternal and infant mortality statistics after one lawmaker was moved to action by a series of reports which showcased the state’s and country’s maternal health shortcomings, particularly among African-American women.
* New law allows craft distilleries to skip distributors, sell limited amount of product to bars: Under the measure signed into law Friday by Gov. J.B. Pritzker and effective immediately, distilleries producing up to 50,000 gallons of spirits annually can bypass liquor distributors and sell and deliver a maximum of 5,000 gallons. The law also allows “still pubs” to sell the booze made in-house and other alcoholic beverages, similar to how breweries can sell wine.
* Worker protection unit formed in attorney general’s office: The law gives the attorney general’s office express authority to investigate and file suit against employers who violate the Prevailing Wage Act, the Employee Classification Act, the Minimum Wage Law, the Day and Temporary Labor Services Act and the Wage Payment and Collection Act.
* Illinois Municipal League pushes pension consolidation talks as budget pressures mount: Cole said he wants lawmakers to address the issue during the six days they are in Springfield for the fall legislative session in October and November. The Illinois Municipal League has proposed a consolidation of public safety pensions funds to resemble the Illinois Municipal Retirement Fund, “which is the second-largest and best-funded pension system in the state,” according to a fact sheet the league produced.
* Pension Loophole Closed: The loophole allowed several Lake County Board members to draw their Illinois Municipal Retirement Fund pension while still serving on the county board. The new law requires any county board member or elected local governmental official to forfeit their salary at the beginning of their next term if they are receiving pension benefits for service as a county board member or elected officer.
* New law allows craft distilleries to skip distributors, sell limited amount of product to bars: Similar to small breweries and winemakers, Illinois’ craft distilleries are now allowed to sell a limited amount of products directly to bars, restaurants and retailers under a law that was sparked by a suburban state senator. Under the measure signed into law Friday by Gov. J.B. Pritzker and effective immediately, distilleries producing up to 50,000 gallons of spirits annually can bypass liquor distributors and sell and deliver a maximum of 5,000 gallons. The law also allows “still pubs” to sell the booze made in-house and other alcoholic beverages, similar to how breweries can sell wine.
* New law extends insurance coverage for those with Lyme disease: The bill, sponsored by 74th Dist. Republican State Rep. Daniel Swanson, will require private-pay insurance to cover the medical costs associated with Lyme disease. “Lyme patients once they are coded as being a Lyme patient once treated with those 21 days of antibiotics their insurance will stop paying for their Lyme coverage. So we thought ‘we have to do something’,” Swanson said.
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Separatist roundup
Tuesday, Aug 27, 2019 - Posted by Rich Miller
* WSIL TV…
The idea of southern Illinois separating from the city has been around for decades but in March, Jefferson County residents will be asked about it in the next election.
Randy Edwards, vice chairman of the Jefferson County Board, doesn’t like how Chicago guides the political agenda in Illinois.
“I feel like the people of southern Illinois aren’t being properly represented due to us being so outnumbered by Cook County. Their values are different than ours. We look at things differently than they do,” Edwards said. “I can’t see where Cook County values are what we need down here.”
The ballot question is only an advisory referendum, meaning a yes or no vote wouldn’t actually change anything.
* Meanwhile, let’s go back a few weeks…
The resolution, which could be dismissed as simple political maneuvering — plays big at home, but has scant chance of seeing daylight in the legislature — is also backed by several grassroots groups agitating for separation. Illinois Separation, founded by Collin Cliburn, of Athens, has 24,000 followers on Facebook, and growing. Cliburn is also holding events at venues around the state through August and September to capitalize on the cause’s momentum. […]
Across the state on the same Saturday in July, Illinois Separation’s Cliburn is meeting with another group of like-minded individuals. He is planning a run for state Senate based on the separation platform, and is meeting with other people interested in getting separation-minded candidates to run for office.
* Bernie followed up…
I reached out to Cliburn, and it turns out his eye is on the 44th Senate District, now represented by Senate GOP Leader BILL BRADY of Bloomington. However, Brady is in the middle of a four-year term, so he won’t be up for re-election until 2022. By then, the 2020 Census will be done and new legislative maps will be drawn. So it can’t be said with certainty that Brady and Cliburn would even be in the same district for that race.
Hilarious.
That Tribune story was truly full of ridiculousness.
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Sponsor thanks governor for vetoing his bill
Tuesday, Aug 27, 2019 - Posted by Rich Miller
* Monday press release…
State Senator Don Harmon (D-Oak Park), issued the following statement after Gov. JB Pritzker vetoed his legislation changing rules for court reporters:
“Today, at my request, Governor Pritzker vetoed my Senate Bill 2128, a bill intended to improve the practice of court reporting in Illinois.
“After the bill passed the General Assembly, I became aware of consequences unintended at the time that would be very disruptive to pending litigation and the practice of trial law if the bill became law.
“I’ve invited all of the affected stakeholders to join in a conversation about the legislative effort, and I look forward to working with them all to produce an even better bill.
“I’m grateful to the governor for his action today, which both avoids those unintended consequences and puts all of the stakeholders on an even playing field as we restart negotiations.”
That’s a pretty unusual press release, so I asked Harmon about his bill’s unintended consequences.
Sen. Harmon said there are three types of court reporters. The old fashioned stenographers and newer reporters who are called verbatum or voice writers who repeat everything into a recording device.
The third category is even newer, and Harmon wasn’t aware of those folks. They make a recording, then send it off to be transcribed. The bill was an agreement between first two types of reporters, but, Harmon said, the final product “worked to the detriment” of the third category. Lots of lawyers had transcripts that couldn’t be used if the bill had been signed.
So, it’s back to the drawing board.
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* Mayor Lori Lightfoot speaking today at the IBEW Local 134 Membership Development Conference…
In this state, we do have significant challenges with our pensions. Unfortunately, decisions that were made by people who stood in my office for years, people at the state level, they didn’t make sure that your pensions were secure.
But pensions are a promise. And I know that again from my upbringing. When you work hard and you struggle, in particular when you’re doing work as a government employee, you have a right to expect that the work that you have done is going to be rewarded at the end of your working life with a pension that pays you not just a living wage, but a comfortable retirement that you can build on.
That’s under siege, unfortunately, in our city and our state. But the one thing that I will make sure that I do as mayor of this city is I will make sure that we live up to the promise that we have made to working men and women. Because pensions are absolutely a promise and I’m not going to do anything to ever allow those pensions to be endangered.
But that means we have some tough decisions to make and we’ve got to do that in partnership together. I will be calling upon Don and other members of organized labor to partner with us to finally make the structural changes that are necessary to make sure that our pensions are secure and that no one has to worry that they’re not going to have their pension at the time of their retirement.
Thoughts?
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* Monday press release…
The Chicago office of the Council on American-Islamic Relations (CAIR-Chicago) today filed a complaint in federal court against the Illinois Secretary of State’s (SOS) office and Secretary Jesse White to address language in an official form stating that when an individual has his or her picture taken at a SOS facility while wearing a kufi (religious skullcap) or hijab (religious head covering), they may not remove their religious headwear in public or else they risk having their driver’s license or ID cancelled.
Specifically, the form states:
“In observation of my religious convictions, I only remove my head dressing in public when removal is necessary (such as for a medical examination or a visit to a hair dresser or barber). I do not remove the head dressing in public as a matter of courtesy or protocol (such as when entering a professional office or attending a worship service). I acknowledge that if the Director of the Driver Services Department is provided with evidence showing I do not wear a religious head dressing at all times while in public, unless circumstances require the removal of the head dressing, my driver’s license or identification card may be canceled.”
CAIR-Chicago’s lawsuit seeks to prohibit the continued use of the form by the Secretary of State since such matters are to be reserved for the religious beliefs of each individual applicant. The form violates the Illinois Human Rights Act, the Illinois Religious Freedom Restoration Act, and the First Amendment (through Section 1983), which prohibits religious discrimination by governmental agencies. CAIR-Chicago’s client, who wears a hijab, was forced to sign the form, or she would have been denied a license.
“The State should not be in the position of forcing people to choose between acquiring a necessary form of ID or a needed driver’s license and the free practice of their religion,” said Phil Robertson, Litigation Director for CAIR-Chicago. “There are a host of instances in which religious headwear may need to be removed while in public, and people should not be concerned that doing so will jeopardize their future ability to drive. With the upcoming Labor Day Weekend, the least our clients should have to worry about is their licenses being voided.”
The complaint is here.
* Sun-Times…
Part of the issue is that a person might temporarily remove their religious head covering in public for a reason the Illinois rule does not consider an exception. Those instances include medical duress, excessive heat or simple discomfort, the lawsuit states. […]
Secretary of State Jesse White’s office did not reply Monday evening to requests for comment.
The rule in question is Illinois Administrative Code Title 92, which states driver’s photographed with head coverings must sign an “acknowledgement that, if the Director of the Driver Services Department obtains evidence showing the driver does not wear religious head dressings at all times while in public, unless circumstances require the removal of the head dressing, the driver’s license may be cancelled.”
The rule does allow a driver to remove a “head dressing in public when removal is necessary (such as for a medical examination or a visit to a hair dresser or barber).”
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An overlooked aspect of gaming expansion
Tuesday, Aug 27, 2019 - Posted by Rich Miller
* Sun-Times…
Just six pages of the state’s hefty new 816-page gambling law are devoted to the nascent lottery sports pilot. It’s limited to parlay wagers, meaning bettors pick the outcomes of multiple games as part of the same bet, and have to get each one right to win. […]
In the Illinois version, gamblers will place their bets at electronic kiosks placed in up to 2,500 retailers that are authorized in the first year of the pilot. An additional 2,500 retailers will be eligible to join the action in the second year. If they all take part, that comes out to about two-thirds of the nearly 7,400 lottery retailers currently spread across the state.
Before any of that, the lottery will put a whopping $20 million master license out for competitive bids, for a company to install, operate and maintain the betting kiosks through a central network system.
Like the state’s traditional sports-betting industry — for which regulations are still being hammered out by the Illinois Gaming Board — lottery officials say they don’t have a timeline for when the pilot could launch. They still have to draft rules governing the sports that can be bet on, wager amounts and parlay sizes, among other things.
* Related…
* Will Sun-Times Sports legend Bill Gleason be proven right about parlay cards — 43 years later?
* What Is Parlay Betting?
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Today’s must-reads
Tuesday, Aug 27, 2019 - Posted by Rich Miller
* ProPublica Illinois and NPR Illinois…
Since last year, allegations of harassment and sexual misconduct have surfaced against three professors and an administrator at the University of Illinois’ flagship campus in Urbana-Champaign. In each instance, the public wasn’t told by the university until news organizations or others brought the allegations to light.
A review of public records by NPR Illinois and ProPublica revealed three additional, previously unreported cases in which professors facing similar allegations were allowed to quietly resign or remain on the payroll in lieu of being fired.
Some of the employees accumulated multiple complaints over a period of years. Here’s a breakdown of the cases reviewed:
Go read the rest.
* “At the University of Illinois at Urbana-Champaign, Preserving the Reputations of Sexual Harassers”…
By the time officials at the University of Illinois’ flagship campus in Urbana-Champaign found that an assistant professor in the College of Veterinary Medicine had engaged in sexual harassment, three women had come forward to raise concerns about his behavior.
All three said he had showed up at their homes uninvited.
Though the professor, Valarmathi Thiruvanamalai, denied doing anything wrong, the university office that investigates harassment and discrimination claims ruled against him. “When three different complainants, who have no prior relationship and no significant commonalities other than the lab in which they work, all assert the same type of interaction, one must question Respondent’s credibility and honesty in responding to the allegations,” a specialist in the Office of Diversity, Equity and Access wrote in February 2015 following an investigation. She recommended that Thiruvanamalai face discipline and possibly termination.
Instead, the university took a series of steps that helped keep Thiruvanamalai’s reputation intact.
Go read the rest.
* Related…
* Experienced Sexual Misconduct at an Illinois University or College? We Want to Hear From You
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* Tribune editorial…
A Sangamon County circuit court judge is expected to decide soon whether to allow an unconventional lawsuit that challenges Illinois’ borrowing habits to proceed.
We’ll cut to the chase: We hope Judge Jack Davis Jr. allows the case to move forward. Why? About 244 billion reasons. That’s how many dollars the financial watchdog group Truth in Accounting estimates Illinois taxpayers eventually will owe due to unfunded pension liabilities, health care obligations and unpaid state bills. The debts have piled up over decades but accelerated since the early 2000s, dragging the state’s credit rating to near junk status.
So yes, taxpayers deserve a shot at having someone contest Illinois’ tradition of overborrowing. The case is considered a Hail Mary attempt, even though it raises legitimate concerns about the manner in which Illinois politicians have borrowed money in the bond market to balance budgets and pay for operations.
At this phase, the judge is merely deciding whether the case is frivolous or malicious, the threshold for tossing taxpayer cases before they can be formally filed in Illinois. This lawsuit is neither.
Pension debt has helped drag the state’s credit rating to near junk status, but let’s all cheer on a lawsuit that will certainly push Illinois into junk bond status because reasons.
Brilliant!
Keep in mind that this is the same editorial board which railed against the 2011 income tax hike even though the state was hemorrhaging money at the time. It then stood firmly with Gov. Rauner’s 2+ year impasse, even though the state was piling up billions in debt. Part of this lawsuit is about invalidating the bonds sold to pay off the state’s debt owed to vendors because of the Rauner/Tribune impasse. The only conclusion one can reasonably draw is that the Tribune wants to force the state into default. With that perspective, the editorial makes perfect sense.
* Bloomberg…
The municipal-bond market is putting long odds on a think-tank chief’s bid to have $14 billion of Illinois debt tossed out in court.
While the yields on some of the challenged state bonds jumped by more than a third of a percentage point in the weeks after the suit was filed on July 1, they’ve since reversed course amid the market’s broader rally, indicating little risk that their legal status will be cast into doubt. Taxable Illinois debt due in 2033 is now yielding 4.46%, only about 0.3 percentage point more than bonds the state issued in April that aren’t being questioned by the suit. […]
Even if the Illinois judge allows the case to move forward, Nuveen’s Miller said he “can’t imagine that an outside plaintiff could prevent” Illinois from making its debt payments. The required three-fifths of the state’s legislators approved the debt and its purpose to pay accruing bills, Miller said.
“I would be shocked if that’s not a legitimate purpose,” Miller said.
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DCCC dips toe into GOP primary waters
Monday, Aug 26, 2019 - Posted by Rich Miller
* DCCC…
The DCCC today launched a new ad campaign in Illinois’ 6th District highlighting Jeanne Ives’ lockstep support for President Trump and his reckless agenda that would keep dangerous guns on our streets, eliminate a woman’s right to choose, and discriminate against the LGBTQ community.
As a firebrand conservative, Ives is out of touch with voters in the 6th District, refusing to support commonsense measures to keep dangerous guns out of the hands of criminals, opposing a woman’s right to choose, and discriminating against same-sex couples.
“Conservative politician Jeanne Ives supports President Trump 100% and is wildly to the right of the 6th District,” said DCCC spokesperson Mike Gwin. “From backing President Trump on opposing a woman’s right to choose, to rejecting commonsense gun safety laws, and discriminating against the LGBTQ community, we’re going to make sure voters in the 6th District know that Jeanne Ives is just too conservative for Illinois.”
The ad begins running today, targeting moderate and conservative voters in the 6th District, and will run on digital platforms including Facebook.
* Evelyn Sanguinetti press release…
Today, the Chicago Sun-Times published a story explaining how Nancy Pelosi, Sean Casten and the Democratic Congressional Campaign Committee are spending money to help Evelyn Sanguinetti’s primary opponent so they don’t have to face the stronger Sanguinetti in the general election.
Word out of DC is Sanguinetti beats Casten in a head-to-head informed ballot by more than 5%. DCCC will do anything they can to avoid Evelyn - even buy ads to support her primary opponent. Jeanne Ives is the Democrats’ favorite Republican in this race because she is wholly unelectable in the general election, and would force other Republican candidates around the country to answer for the outlandish things she has said.
* Sun-Times…
Kathleen Murphy, an Ives spokesman, told the Sun-Times, that the DCCC is “sorely miscalculating what this race is going to be, then. Nothing we’ve seen indicates that Jeanne would be easier to beat than Evelyn Sanguinetti. That would be a serious miscalculation on their part.” […]
The DCCC ad is taking a cue from the Democratic Governors Association playbook. Before the March 2018 Illinois primary, the DGA ran an ad highlighting Ives’ conservative credentials in an attempt to defeat Rauner, who won with 51 percent of the vote.
* The ad links to a Sun-Times column about how Ives is unelectable…
* The kicker…
The DGA spent quite a bit of money to push Ives over Rauner during the 2018 Republican primary. We’re not seeing that level of commitment out of the DCCC yet, but one never knows, I suppose.
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Question of the day
Monday, Aug 26, 2019 - Posted by Rich Miller
* Today is National Dog Day, so here’s a pic of Oscar at the car wash. He loves that parrot…
* The Question: Your favorite dog story? Extra credit if you can somehow connect your story to Illinois politics.
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Fein out at Exelon
Monday, Aug 26, 2019 - Posted by Rich Miller
* Friday….
According to internal documents obtained by Crain’s, Chicago-based Exelon determined that David Fein, the company’s senior vice president in charge of state government relations and its most visible executive in Springfield, violated its code of conduct in his interactions with several women at the company.
* Steve Daniels in Crain’s with an update today…
David Fein, who led state government relations for Exelon, no longer is employed there. […]
“Over the weekend, Exelon and David Fein agreed that it is in our mutual best interest for David to leave the company,” Exelon said in a statement. It said it would have nothing to add “at this time.” […]
A spokesman had no immediate comment on whether Fein was granted a severance or who would now lead government relations in Illinois. Exelon is heading into a crucial fall veto session in Springfield in which it’s lobbying for the Clean Energy Jobs Act. The bill is aimed at promoting more renewable-energy development in the state, but also providing more revenue to three northern Illinois nuclear plants that Exelon has said are at risk of closure within the next few years.
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NBC 5 anchor sues Sterigenics
Monday, Aug 26, 2019 - Posted by Rich Miller
* Earlier this month…
Medical device sterilization company Sterigenics will need to defend itself in Cook County court against a host of lawsuits brought by trial lawyers on behalf of people living in communities surrounding Sterigenics’ Willowbrook facility, as the judge said the company’s compliance with federal clean air rules don’t protect it from the lawsuits accusing the company of releasing emissions the lawsuits say caused the plaintiffs’ cancer.
On Aug. 15, U.S. District Judge Rebecca Pallmeyer, who serves as chief judge for the Northern District of Illinois, ordered a collection of lawsuits filed against Sterigenics back to Cook County Circuit Court, where they had originally been filed.
In her ruling, Pallmeyer rejected Sterigenics’ assertions the lawsuits amounted to an attempt by the plaintiffs to use litigation to sidestep federal environmental laws and regulations, and extract payment from a company that had not violated any federal or state emissions rules.
“… Plaintiffs’ claims can succeed without reference to any federal statute,” Pallmeyer wrote. “Even if, as Defendants (Sterigenics) believe, a jury finds that they complied with federal standards, the jury could nevertheless determine that state common law imposes a standard of care higher than that expressly required by federal law.”
* Last week…
Nearly three dozen people have sued the operator of a suburban Chicago medical equipment cleaning plant they claim emits fumes that have adversely affected their health, lawyers for the plaintiffs announced Tuesday.
The 32 lawsuits filed against Sterigenics LLC this week in Cook County seek damages from the company, which operates a plant in Willowbrook.
“Nobody should have to go through anything like this,” said Burr Ridge native Jeanne Hochhalter.
* Friday…
NBC 5 anchor Rob Stafford on Friday filed a lawsuit against Sterigenics claiming he was diagnosed with a rare blood disorder after being exposed to toxic levels of ethylene oxide emitted by the Willowbrook facility.
Stafford was diagnosed with amyloidosis in 2018, shortly after the United States Department of Health and Human Services released a report calling the emissions from the Sterigenics facility a public health hazard, the lawsuit states.
According to the lawsuit, Stafford lived in Hinsdale and was a regular member of a sports club in Burr Ridge during the time it was determined Sterigenics’ sterilization process resulted in ethylene oxide emission at the Willowbrook facility, causing exposure in portions of Burr Ridge and Hinsdale.
In the lawsuit, Stafford alleges negligence, willful and wanton conduct and ultra-hazardous activity, saying the defendants “had the ability to regulate the emissions of ethylene oxide” but instead failed to warn the public of the risk of their health. He is suing for damages in excess of $50,000.
* Feder…
In a statement Sterigenics said it “has consistently complied with applicable regulations” and intends to “vigorously defend against” the claims.
An NBC 5 spokesperson said the station does not comment about employees’ personal matters. “But I can confirm that Rob informed us about his intentions to file a lawsuit a couple of months ago,” the spokesperson added. “Since then, Rob has not been assigned to report on, or read, any stories involving Sterigenics. This practice will remain in place.”
…Adding… Andrea Thome calling out Leader Durkin. Hmm…
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* Finke…
So, working in the Madigan operation was not necessarily a pleasant experience. Being a female working in that environment was even worse.
Here’s what the report had to say about that.
“Several female workers said that, when they started, they were warned about particular people in the Capitol workplace to avoid, either because of their inappropriate comments, crude humor, or ‘creepy’ behavior. Some female workers said that, when they started working in the Speaker’s Office, they were warned by female coworkers to take steps to avoid sexual harassment, such as not drinking alcohol with representatives, not looking ‘too available,’ and wearing a fake wedding ring. Some female workers said that they also warn new female workers about some people to avoid or give general advice to avoid being put in uncomfortable positions, including not going to after-work events.”
So the unofficial employee handbook for this operation includes wearing a fake wedding ring to hopefully fend off the creeps, which apparently included some of the elected officials? Sheesh.
Discuss.
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* Joseph Hudak at Rolling Stone Magazine lobbed some softballs at Danny Shirley of Confederate Railroad…
This has been a strange summer for you and your band…
It is strange. Especially with us being together for so many years and having that name and it never being an issue. But the thing that makes this different, in Illinois, it was the government that shut us down. It wasn’t that there was a groundswell of people that were offended by Confederate Railroad. You had one political blogger bring it up: “Is it right to have a band named Confederate Railroad at the state fair in the land of Lincoln?” We’ve already played there twice over the years and everything went fine. Nowadays, it feels like they’re looking for something to go off about.
It was the government that hired the band in the first place, so, yeah, it was the government that shut it down. Duh.
None of this should’ve been a surprise. The governor won the Democratic primary with overwhelming black support, had an African-American running mate, helped build a Holocaust museum, regularly refers to the POTUS as a racist, etc. His opposition to giving a state contract to a band that uses Confederate battle flags in its official logo shouldn’t be a shock. And somebody else would’ve eventually “brought it up” if I hadn’t noticed. Hannah Meisel actually posted about it on Twitter an hour or so before I asked the governor’s office for comment.
The truth is the band was doomed to lose their Du Quoin State Fair slot from the moment the Department of Agriculture approved it. If Pritzker had done nothing (and there was no chance of that happening) he would’ve certainly caught heat from elements of his base.
* Also, this is probably one of the dumbest analogies ever…
Did you ever have any issues over your band’s name prior to this?
Every once in a while you’d get something. After that nut killed those people down in Charleston, when they started taking down monuments and all that, we lost some gigs there. That’s where it started.
There were photos of the shooter with the Confederate flag.
Of course there was probably 10,000 photos of him without the flag. If he were sitting there wearing Nike shoes, would we have to get rid of Nike? A lot of this is blown out of proportion.
Yeah, it was the shoes. Right…
“I have to do it,” the gunman was quoted as saying before he fired [at black people worshiping in their church]. “You rape our women and you’re taking over our country. And you have to go.”
* Meanwhile, here’s some real Illinois heritage…
More here.
* Related…
* In Facebook Photo, Charleston Suspect Wears Flags Of Racist African States
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Fun with numbers
Monday, Aug 26, 2019 - Posted by Rich Miller
* Champaign News-Gazette editorial…
The governor speaks of large increases in state aid to schools, and he’s right. The state’s current spending plan increases K-12 funding by nearly $379 million. But that money isn’t necessarily going to pay for education costs, including increased salaries.
Adam Schuster, director of budget research at the Illinois Policy Institute, reports that a large share is going for teacher pensions, not salaries.
He reports that “in the coming school year, 36 percent of the money the state allocates to education will” be used for “required pension payments for retirees.”
The K-12 increase mentioned above is going to schools as a direct result of the education funding reform law passed in 2017. It mandates at least a $350 million increase per year. The state exceeded that a bit this fiscal year.
That’s not to say the state won’t be paying more for teacher pensions next year. It will. My beef is not with Schuster or the Illinois Policy Institute here, it’s with an editorial board that mistakes need-based education funding for pension spending.
School districts in the suburbs and Downstate are only on the hook for pension contributions if their employees have negotiated it through their collective bargaining processes. Otherwise, the state itself picks up almost all of the employers’ costs, including legacy costs.
Oh, and by the way, the new K-12 funding will give lots of poorer schools more money, and those tend to be the ones which are having the most trouble paying their teachers a decent wage. The editorial was about the new state mandate for a $40,000 minimum teacher salary over time.
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New laws
Monday, Aug 26, 2019 - Posted by Rich Miller
* WGN…
Illinois Governor JB Pritzker signed legislation Friday, which prohibits smoking in vehicles with anyone under 18.
According to Bill HB2276, it will be illegal to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance in a motor vehicle containing a person under 18.
The bill also states prohibiting smoking regardless of whether the vehicle is in motion, at rest or has its windows down.
Anyone who violates the new law will receive a maximum fine of $100 for the first offense. The second offense is not to exceed $250.
* Daily Herald…
A change in state law signed Friday by Gov. J.B. Pritzker requiring that a parent or guardian be notified when law enforcement questions a student on school grounds was prompted by the death of a Naperville North High School student.
House Bill 2627 says that before detaining and questioning a student under 18 who is suspected of committing a criminal act, a police officer, school resource officer or school security personnel must notify parents and make “reasonable efforts” to ensure they are present. […]
The proposal sponsored by 84th District state Rep. Stephanie Kifowit was in response to the death in January 2017 of 16-year old Corey Walgren. Hours after being questioned by school and police officials, he walked to the top of a five-story parking deck and fell to his death.
The staff had warned him he may have to register as a sex offender because they suspected he made a video of himself having sex with a classmate without her knowledge.
* WAND TV…
A bill focused on providing relief for independent pharmacies was signed into law.
House Bill 465 was sponsored by State Senator Andy Manar (D-Bunker Hill) and signed by Governor JB Pritzker Friday.
Sen. Manar said pharmacy benefit managers (PBMs), who negotiate drug prices on behalf of insurers, are using their position to drive up prices and get rid of competition.
* Related…
* Gov. J.B. Pritzker signs 129 bills, vetoes three
* Illinois’ small businesses will soon have to abide by more stringent state human rights laws, a concern for some: Small businesses in Illinois will soon have to abide by Illinois’ human rights laws, which go beyond the existing federal regulations they were already required to follow. The bill, signed into law by Gov. J.B. Pritzker on Aug. 20, takes effect next July. It removed a provision that said businesses in Illinois with fewer than fifteen workers were exempt from the Illinois Human Rights Act.
* Illinois approves nonbinary state ID documents, but gender-neutral option might not be available for years
* Governor Pritzker Signs Bill Expanding Youth Hunting: Said Pritzker “Many young people, young hunters, learn better when they spend more than one season under a mentors guidance. So starting January 1, novice hunters will have the chance to spend more time honing their skills as we lift that cap. Today, youth hunting permits are only valid in their issuing county. So we are establishing a new youth deer hunting pilot program, so that novice hunters will have a chance to visit sites beyond their own backyard.”
* Private practice attorney helps write new sexual harassment act
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* Rebecca Anzel…
An abortion clinic in northern Indiana should be allowed to open, Illinois’ top lawyer argued in a court filing, because women crossing state lines to seek access to such care “can strain the health care systems in neighboring states.”
Attorney General Kwame Raoul is the main author of a document submitted with 14 other states on behalf of Whole Woman’s Health Alliance. The organization sued Indiana officials in federal court after a license application to open a facility in South Bend, Indiana, offering medication-induced abortions was denied in part because the alliance did not include information about its affiliates in other states. […]
The attorney general added facilities might face increased “levels of demand that they cannot satisfy” if women seek abortion procedures in neighboring states like Illinois. […]
Raoul added Illinois residents attend institutions of higher education in the northern Indiana area, and “although these students may have temporarily left … to pursue their education,” Illinois and the other states that signed on to the court filing “retain an interest in ensuring that they are spared the ‘stress, anxiety, shame, and financial hardship’ associated with not having access to constitutionally protected medical care.”
The full brief is here.
* Raoul press release…
Raoul and the coalition point out that states have a strong interest in ensuring that abortion care, like all health care services, is provided safely. States’ interest in public health is best served when their licensing and regulatory processes are applied to protect the health and safety of patients, rather than to deny women access to safe abortion services. In the brief, Raoul and the attorneys general argue that preventing a clinic from operating in an underserved area may cause women to seek abortions from wholly unregulated sources or to undergo more risky procedures because they are forced to delay seeking care.
Furthermore, Raoul argues, when a state enforces its licensing regulations in a manner that deprives an underserved population of access to abortion care, it increases the public health risk for pregnant women. Currently, there are six abortion clinics in the state of Indiana, and half are located in Indianapolis. According to WWHA, because women in South Bend and the surrounding community do not have access to an abortion clinic, they are forced to travel significant distances to receive safe abortion care in their home state or in a neighboring state.
Raoul and the coalition also point out that when women are forced to travel to other states to access care due to their home state’s unlawful conduct, it may strain health care systems in those neighboring states. Evidence shows that women from Indiana regularly travel to Chicago to obtain abortions. In short, Raoul argues, the repercussions of Indiana’s actions are not limited to Indiana or the women who live there.
* Peter Breen, Vice President and Senior Counsel for the Thomas More Society…
Illinois is an aberration in the Midwest. Not content with setting itself up to be America’s ‘abortion destination,’ its attorney general has now led a group of east and west coast states in attacking our neighbors in Indiana for their attempt to safeguard their women and children.
The community of South Bend has the right to ensure that all businesses operate in a safe manner. Illinois and the coalition it has pulled together are interfering in Indiana’s attempts to regulate a segment of the medical industry that has been notoriously lax in oversight. This affront is akin to a group of health inspectors from around the country trying to block Chicago from closing a restaurant for code violations.
If Kwame Raoul and his cohorts have a real interest in protecting the health and safety of the residents of Indiana, as they argue, they might do better to stay in their own lane and set a good example by cleaning up their own states and focusing on true life-affirming health care.
*** UPDATE *** Ameri Klafeta, Director of the Women and Reproductive Rights Project, ACLU of Illinois …
The argument by professional anti-abortion forces ignores the reality that two federal courts – at the trial and appellate level – already agreed with the state attorneys general that Indiana was doing little more than creating hurdles to safe reproductive health care. Rather than recognize the weakness of their argument, these forces attack attorneys general from across the country (and particularly from Illinois) who seek to ensure access to health care for all persons – in every state. Cruelly denying this care in support of an ideological agenda does not advance care for residents in any state.
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CTU rejects latest CPS offer
Monday, Aug 26, 2019 - Posted by Rich Miller
* Mayor Lightfoot started the bargaining with an offer to teachers of a 14 percent raise over five years, significantly higher than the final figure of 11.5 percent over eight years that Gov. Pritzker and AFSCME settled on earlier this year.
Now she’s up to 16 percent (or 24 percent, depending how you count) and it’s still not considered enough…
The Chicago Teachers Union has rejected an independent fact-finder’s report on its contract negotiations with the school district — a move that places the labor group one step closer to a possible strike.
The development comes as Mayor Lori Lightfoot and Chicago Public Schools officials have floated an enhanced offer that would raise teacher pay by 16% percent over five years — an increase from the 14% offered earlier by the new mayor.
“Though the wage and benefits proposals are said to be generous, they come in the context of nearly a decade of austerity and cuts,” union President Jesse Sharkey said at a rain-soaked press conference early Monday morning outside of Suder Montessori School.
The union’s rejection of the fact finder report means the district could legally strike on or after Sept. 25.
* WBEZ education reporter…
Could be difficult to get a state bailout with numbers like that.
* More…
In addition, the city is resisting many of the other demands from the union.
One of the biggest areas of disagreement is whether the contract will require the school district to hire more social workers, nurses and counselors.
The union [says] it wants specific contract language guaranteeing these clinicians will be brought on and that staff-to-student ratios reduced. Lightfoot has said she wants to bring on these staff — she has promised to hire 250 more nurses, 200 more social workers and more special education case managers over the next five years — but her team has resisted putting this in the contract.
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* Sun-Times…
After more than two years, the game appears to be over for Jason Gonzales in his quest to have a jury deliberate Illinois House Speaker Mike Madigan’s campaign tactics — and whether the powerful Democrat put “sham” candidates on the 2016 ballot.
The opinion granting summary judgment is here.
* Jason Gonzales statement…
Friday’s ruling was a disappointment. I consider myself a well-informed individual, but I don’t understand the judge’s reasoning here. Still, there appears to be wide-reaching constitutional issues at stake in this case. My legal team is trying to explain the ruling to me, but even they are having difficulty explaining to me how my actions in exposing the fraud caused it to not be fraud. We we currently weighing our options.
* Here’s why…
“… The Court is cognizant that there is evidence from which a reasonable jury could find that the defendants engaged in a deliberate effort to interfere with voters’ decision making,” Kennelly said in his opinion. “Such fraudulent interference in the form of sham candidates might, in an appropriate case, undermine the ability of the electorate to hold the offending candidate to account.
“But Gonzales has not pointed to evidence - or even alleged - that the defendants’ fraud prevented the voters from punishing Madigan at the ballot box.” […]
Kennelly noted Gonzales had used the sham candidates as “a central issue” against Madigan in public statements and in the press. The judge also noted the sham candidates had been called out in an editorial published in the Chicago Sun-Times.
“This publicity placed the alleged misconduct squarely within the political realm, enabling voters to rebuke Madigan by electing his challenger,” Kennelly said. “Instead, Madigan prevailed by a substantial margin.”
Citing the U.S. Seventh Circuit Court of Appeals in the 2018 decision Jones v. Markiewicz-Qualkinbush, Kennelly said he believed a judge “may not appropriately second-guess the voters’ choice ‘without displacing the people’s right to govern their own affairs and making the judiciary just another political tool for one faction to wield against its rivals.’”
* Tribune…
Madigan attorney Adam Vaught said the ruling showed that Gonzales can’t “come into federal court and try and overturn the voters’ decision.”
“The judge found Gonzales ran on this issue, it was publicly broadcast, and the voters’ overwhelmingly rejected Gonzales and reelected the speaker,” Vaught added.
Tony Peraica, Gonzales’ attorney, vowed to appeal. He accused Madigan of engaging in electoral shenanigans. “With this decision, he will continue to do it with impunity. It’s a sad day for all citizens of Illinois,” said Peraica, a former Republican Cook County commissioner.
Gonzales had sought damages of up to $2 million.
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A story in search of a purpose
Monday, Aug 26, 2019 - Posted by Rich Miller
* Sun-Times…
Illinois’ illicit weed market is expected to remain lucrative for illegal pot growers and sellers even after the drug is fully legalized. That’s largely because state-licensed pot shops won’t be able to match the prices offered by the neighborhood weed man, whose business won’t be stifled by expensive licensing fees and high taxes.
Scroll down to the end of the same article…
Five years after Colorado legalized weed for adult use, 82% of total consumers are purchasing pot through the legal market, according to Kagia.
Maybe that should’ve been at the top of the story? Colorado has long been a leader in the illicit cannabis market. And yet, legalization has almost fully taken hold there.
* Now go to the Daily Herald…
Since Toronto’s Hunny Pot opened in April, pot consumers have beat a steady path to the door, company Communications Officer Cameron Brown said. The average purchase costs about $65 and the number of customers ranges from 1,500 to 2,000 a day.
With 56 strains of cannabis, the experience can be daunting for novices, so numerous “budtenders” or pot sommeliers hover around the shop to advise customers.
Shopper Rhys Paxton called his shopping “a good experience. … It’s a lot better than buying it in a dark alley.”
“Everyone has a different vision about what a marijuana dispensary is supposed to look like,” Brown said. “We take the stigma away.”
Your local weed dealer will never have 56 strains of cannabis for sale at the same time, along with a variety of edibles.
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Madigan is ultimately responsible
Monday, Aug 26, 2019 - Posted by Rich Miller
* My weekly syndicated newspaper column…
You don’t have to read past the first sentence of Tim Mapes’ statement last week to see one of the core problems with the way he ran the Illinois House Democratic operation. Mapes was responding to an investigative report commissioned by House Speaker Michael Madigan to get to the bottom of allegations of sexual harassment and bullying in his Statehouse operation.
”For over forty years,” Mapes wrote in his response, “I had the privilege of serving in the Illinois State Legislature.”
Um, no.
Mapes worked “for” the Legislature, he didn’t serve “in” it. But he always seemed to behave as if he was one of the most important people in all of the General Assembly.
Mapes managed to accumulate just about every power possible: Madigan’s chief of staff, executive director of Madigan’s Democratic Party of Illinois and House Clerk. That meant every single person in Speaker Madigan’s world - from legislators, to lobbyists, to campaign workers, to committee clerks to legislative secretaries - had to answer to him and only to him. He was the indispensable one, until Madigan told him to quit over sexual harassment allegations.
”(T)he recent criticisms made against me do not truly appreciate the size of the responsibility of my position,” Mapes also claimed in his statement. “The daily needs of my position required constant attention in order to ensure the successful operation of our government,” he wrote, passive-aggressively blaming Speaker Madigan for allowing him to attain so much power.
On that point, however, he wasn’t wrong. Mapes made all of Madigan’s trains run on time. Meticulous to a fault, he made Madigan’s life easier, even meeting with lobbyists on their legislation — at least some of whom once worked for Mapes on staff and were expected to raise money from clients and run important legislative campaigns.
Madigan allowed Mapes to take a firm helm of all the various parts of his machine. Mapes eventually became more important than the people who were actually elected to office, and not just in his own mind. This was all by design.
The investigative report claimed Mapes’ efficiency was a “product of the fear he engendered.” But he couldn’t have done any of that without Madigan’s assent.
Notably, nowhere in the report does anyone claim that Madigan was present during Mapes’ threats or outbursts. Indeed, most people I’ve talked to on this topic believe Madigan would’ve put a stop to Mapes’ behavior if he had seen what was really going on.
But that’s still on Madigan. Did he not want to know what was happening?
Let’s go back to the report: “Multiple workers described having been physically intimidated by perceived superiors. These situations varied from a perceived superior yelling in someone’s face to grabbing or pushing someone.”
Mapes himself is accused of various forms of abuse, from throwing a pencil at a worker who had forgotten to bring one to a meeting, to “regularly” threatening to fire people, to an allegation that he “angrily grabbed a staffer because he thought — mistakenly — that the staffer was in the wrong place.”
Mapes apparently kept his methods a secret from his boss. But the big boss is always ultimately responsible. And Madigan has been forced to clean up the mess he ultimately made for over a year now. He has a new chief of staff, a new state party executive director and a new House Clerk, and, most importantly, they’re all different people.
It’s a good start, but more needs to be done.
For decades, all four caucuses have offered the same basic career ladder to select employees: Work immensely hard during session, then bust your hump during campaigns, then eventually supervise campaigns, then become a lobbyist and oversee multiple campaigns every cycle. It’s basically the foundation of the contract lobbying system in Springfield.
The House report focuses solely on the House Democratic operation, but it notes a big potential problem with this system: “Workers said that the lines between the political and state sides can blur because their bosses are sometimes … lobbyists or other people who do not work for the Speaker’s Office.”
According to the report, “Some workers said that people who do not work for the Speaker’s Office will sometimes continue to direct them as if the Speaker’s Office workers were still subordinates.”
That’s a real problem if lobbyists with clients paying them to pass or kill legislation are ordering around state legislative staffers as if they are subordinates. It’s one thing to do that on a campaign. It’s quite another when those staffers are on government time.
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